Morrisette v. Butler

Filing 7

MEMORANDUM OPINION AND ORDER ADOPTING the Recommendation of the Magistrate Judge. Accordingly, the petition brought pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice. The Court also finds that Petitioner is not entitled to a Certificate of Appealability and, consequently, is not entitled to appeal in forma pauperis. Signed by District Judge Terry F. Moorer on 8/2/2022. Copy to Petitioner. (fz)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PARRISH JAMAR MORRISETTE,
#317317,
Petitioner,
vs.
REOSHA BUTLER,
Respondent.

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CIV. ACT. NO. 1:22-cv-82-TFM-B

MEMORANDUM OPINION AND ORDER
On. May 23, 2022, the. Magistrate Judge entered a Report and Recommendation which
recommends dismissal of the habeas corpus petition brought pursuant to 28 U.S.C. § 2254 as time
barred and procedurally defaulted. See Doc. 5. It further recommends denial of a Certificate of
Appealability and the ability to proceed in forma pauperis. No objections were filed.
After due and proper consideration of all portions of this file deemed relevant to the issues
raised, and there having been no objections filed, the Recommendation of the Magistrate Judge
made is ADOPTED as the opinion of this Court. Accordingly, the petition brought pursuant to
28 U.S.C. § 2254 is DISMISSED without prejudice.1 The Court also finds that Petitioner is not
entitled to a Certificate of Appealability and, consequently, is not entitled to appeal in forma
pauperis.
DONE and ORDERED this 2nd day of August, 2022.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
1

The Report and Recommendation does not specific with or without prejudice. Therefore, the
Court will dismiss without prejudice. But, this is not a comment on the viability of any of the
claims given that it appears they are time barred and procedurally defaulted.
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